Gurdev Singh, J. - (1.) HEARD .
(2.) THE Petitioner, Ishwar, who is undergoing life imprisonment in Central Jail, Hisar, after having been convicted for the offence under Section 302 IPC in FIR No. 275 dated 25.9.2000 in Police Station, Ganaur, District Sonepat, has filed the present petition under Article 226/227 of the Constitution of India read with Section 4(1)A of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter referred to as "the Act"), for the grant of parole for a period of four weeks. He has contended therein that he made representation to the concerned authorities for releasing him on parole but his case was rejected by the Divisional Commissioner, Hisar, vide order dated 22.6.2010. The order passed by Divisional Commissioner, Hisar, has been annexed with the petition as Annexure P -1. The matter for releasing this Petitioner on parole was initiated by Superintendent, Central Jail, Hisar, on the ground that he was entitled to agricultural parole. The District Magistrate, Sonepat, conducted an enquiry during which he procured the report of the SSP, Sonepat, who did not recommend the release of the Petitioner, on parole, on the ground that earlier, he was released on parole and during that period he fired a shot at one doctor and that his release on parole would lead to threat to peace in village. Speaking order was passed by Divisional Commissioner, Hisar, while refusing parole to the Petitioner on the ground that his releasing on parole would disturb the peace in the village and he can commit a serious crime.
(3.) AS per Section 4 of the Act, a person is not entitled to parole as of a right though it may be allowed subject to such conditions and in such manner as may be prescribed. According to Section 6 of the Act, no person is entitled to be released on parole if, on the report of the District Magistrate, the State Government or an officer authorised by it in that behalf is satisfied that his release is likely to endanger the security of the State or the maintenance of the public order. In the present case, the parole has been refused to the Petitioner on the ground that his release on parole would be a danger to the public peace.;